Section 6: Hearings
The hearing shall be conducted according to the following procedures:
a) The Chairperson shall instruct everyone participating in the disciplinary proceeding that all testimony, evidence and all related matters shall be kept strictly confidential. The Associate Dean of Students shall be present at the hearing as witness at-large.
b) Prior to the hearing, the Chairperson will prepare the case for presentation to the hearing panel and request the presence of all witnesses for the complainant and for the student. The student has the right to a preliminary meeting with the Chairperson to review the charges and the procedures. Where the student requests that witnesses be summoned on her behalf, the student must furnish the Chairperson with the names and contact information of the witnesses with sufficient notice, in order to afford enough time to request their presence. The hearing panel may choose to limit the number of witnesses.
c) The Chairperson shall make every reasonable effort to notify the student of the hearing, to find a mutually agreeable time to hold the hearing, and then to encourage the student to appear at the preliminary meeting, and to appear at the scheduled hearing.However, in the event a student fails to respond to these efforts, the disciplinary hearing will take place at a scheduled time and place convenient for the committee members. A student may choose to exercise her rights, as she may choose not to.
d) Once the hearing begins, the entire proceeding is recorded. If the charges are ultimately sustained in whole or in part, the recording shall be forwarded to the Secretary of the University until any appeals process is complete. If the charges are not sustained, the recording shall be destroyed.
e) At the commencement of the hearing, the Chairperson shall read the charge in the presence of the student and the panel, and request whether the student admits or does not admit to the charges. If the student does not admit to the charges, it is not to be construed to be more than a demand on the part of the student that the case be proven against her, and no implication as to the veracity of the student may be inferred from her failure to admit to the charges. In the conduct of the hearing, the Chairperson will rule on all questions of relevancy of the evidence; she may elect to call for a vote of the whole panel on specific questions of relevancy. The hearing shall not be governed by formal rules of evidence; statements or documents that would be inadmissible in a court of law may be admitted by the Committee.
f) The hearing is an administrative procedure of a summary character. If the student exercises the right to be accompanied by counsel, the Committee must be notified at least fifteen days in advance of the hearing so that it can draw on NYU Counsel.
g) The Chairperson and the panel shall conduct the examination of any witnesses and the student may also call and examine witnesses. The hearing panel shall control the conduct of the hearing proceedings.
h) When the hearing is concluded, the hearing panel shall meet in closed session and shall vote, first on the question of whether the student has committed the alleged disciplinary infraction. If the decision is affirmative, the panel shall then decide on a sanction or punishment (see Section 8). In both cases, a majority vote of the members of the Committee shall constitute a valid decision of the hearing panel.
i) The Chairperson shall, as soon after the hearing as possible, prepare a report of the hearing and forward it to the Dean. The report shall include: the date, time and place of the hearing; the names of all persons present at the hearing; a short statement of the charges against the student; confirmation that the student was notified of the allegations and given an opportunity to respond; a summary of the findings of fact and conclusions made by the hearing panel; a statement of the decision of the hearing panel; a statement of the penalty imposed by the Committee.
j) The Dean shall promptly communicate the hearing panel's findings to the student to the contact information provided by the student at the hearing or the address on the student's permanent student record. Moreover, the Dean shall ensure that the Committee's report is included in the student's permanent record, unless the committee’s finding is for exoneration, in which case the file will be expunged from the student’s record.